Judge won’t let Modesto attorney Frank Carson be co-counsel in own murder case

A judge on Thursday denied a request to allow prominent Modesto defense attorney Frank Carson, who is accused of murder, to serve as co-counsel in his own case.

Judge Barbara Zuniga said she agrees with the defense that the court can allow Carson to argue in court and question witnesses, but “it’s not going to have the stamp of approval from this court.”

Carson and eight other defendants are charged in the disappearance and death of Korey Kauffman. Carson is accused of recruiting a group of people to send a violent message to thieves who were repeatedly stealing antiques and scrap metal from his 5-acre property in Turlock. Prosecutors believe the alleged criminal conspiracy led to Kauffman’s death.

While explaining her ruling, Zuniga said it would be “something unseemly” to allow Carson to question witnesses he is accused of asking to commit crimes.

Carson and five of his co-defendants are in the middle of a lengthy preliminary hearing to determine whether there is enough evidence for them to stand trial. Three other co-defendants are being prosecuted separately.

Carson has been assisting in his own defense, passing notes to his attorney while witnesses are questioned. But he is not allowed to question the witnesses himself or argue in court.

Percy Martinez, Carson’s attorney, argued that giving his client the opportunity to write motions, question witnesses and argue in court would further the interest of justice without creating a disruption to the judicial process. Martinez said Carson will not question those witnesses that might present a conflict of interest.

The prosecution argues that Carson has represented prosecution witnesses, which presents serious issues that could violate attorney-client confidentiality rules. Chief Deputy District Attorney Marlisa Ferreira told the judge that Carson has exerted his virtual power over these witnesses already, and allowing him to question them would leave this case on “dangerous ground.”

Martinez told the judge that it’s absurd to allege Carson is controlling anyone. “It’s a hysterical notion that Ms. Ferreira is tossing out to this court,” he said.

Carson has represented Robert Lee Woody, who also is charged with murder in Kauffman’s death. Woody has decided to cooperate with investigators and provide details about Kauffman’s death. The defense has called Woody a liar who at one point claimed sole responsibility for Kauffman’s death and changed his story to obtain a plea deal.

Carson also has represented Patrick Hampton, who claims Carson recruited him to deal with thieves stealing from his property in exchange for his legal services and reduced bail costs. Hampton, a witness in the Kauffman case, was arrested earlier this week. He is being held without bail at the Stanislaus County jail, is accused of violating parole and faces two misdemeanor drug charges filed in January.

The prosecution has argued that Carson could use these former clients’ confidential information to his own benefit in placing blame for the current offenses on others. Ferreira called Carson “a conspirator who obstructed justice in the murder of Korey Kauffman.”

She also warned the judge that Carson’s promise to comply with court rules is misleading, because he “has a temper” and an “aggressive nature” toward witnesses. The prosecutor referenced a day during the preliminary hearing when witness Linda Burns claimed Carson was trying to scare her.

Martinez argued that his client sits quietly in the courtroom and listens to “lies” and “character assassination” from prosecution witnesses. “If he shakes his head and smiles about a lie being told about him, that is not a courtroom disruption,” Martinez said.

Zuniga said that she has noticed how the other defense attorneys in this case immediately object to prosecution evidence in defense of Carson. She said at times she has to stop and ask Martinez what he has to say, considering the objection concerns his client.

The judge said Carson can lend his expertise by assisting his attorney, which he does regularly in court. She said, “He is actively involved in the defense of his case.”

This story was originally published March 17, 2016 at 2:46 PM with the headline "Judge won’t let Modesto attorney Frank Carson be co-counsel in own murder case."